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HomeMy WebLinkAboutCAP 2012-09-10 Item 2A - Interlocal Agreement - Orillia Road AnnexationCity of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Community Affairs and Parks Committee FROM: Jack Pace, DCD Director BY: Lynn Miranda, Senior Planner DATE: August 27, 2012 SUBJECT: Interlocal Agreement and Proposed Zoning for the Orillia Road Annexation Area. ISSUE To move forward with the annexation of Tukwila's Potential Annexation Area (PAA) in the Orillia Road area, conduct a public hearing on the Interlocal Agreement between Tukwila and King County and the City's proposed Low Density Residential (LDR) zoning for the area. BACKGROUND History Tukwila designated a large area south of Tukwila as a potential annexation area (PAA) in the City's Comprehensive Plan in 1995. Once `Tukwila South' was annexed, there remained a small "island" of unincorporated area immediately to the west of `Tukwila South'. In 2004, Tukwila City Council passed Resolution No. 1561 declaring its intent to begin the annexation process for the 'Residential Island' (Orillia Road area) property after the annexation of the Tukwila South property. In 2009, a Memorandum of Agreement between Tukwila and King County stated that Tukwila shall initiate the annexation of the Orillia area using the Interlocal Agreement (ILA) method (as allowed under RCW 35A.14.460) within three weeks after annexing Tukwila South. In 2009, Tukwila City Council passed Resolution No. 1694 directing staff to commence ILA negotiations with King County. The ILA method of annexation (RCW 35A.14.460) is different from other annexation methods that require a vote or petition by property owners. Using the ILA method, a city and county reach a negotiated agreement that ensures that their respective fiscal and operational considerations are appropriately addressed. To be eligible for the ILA method of annexation, the island of unincorporated area must have 60% of its boundaries contiguous to a city or to more than one city. See attached Attachment C for the Interlocal Agreement Method of Annexation (RCW 35A.14.460). Background Information A summary of land use, potential costs /revenues, effect of annexation on services, and the annexation process is provided below. INFORMATIONAL MEMO Page 2 Land Use Total area is 52.24 acres Comprised of 17 parcels of land held by 11 property owners. 8 single family homes; one business; the remaining lots are vacant. Area is zoned R1 (Residential) by King County. The PAA is designated as Low Density Residential (LDR) in Tukwila's comprehensive plan. The City Council public hearing on the ILA will also need to consider public comments on the proposed LDR zoning. Illegal use. The two most northern parcels in the PAA, approximately 1 acre total, are currently being used as a truck leasing lot. The use is not permitted under the County's R1 (Residential) zoning, and the business has a history with their code enforcement. In 2005, the owner applied to the City for a rezone (1-04 -089) of his properties from R1 (Residential) to Tukwila Valley South (TVS) District. The Council's decision at that time was to defer consideration of this request until after the Tukwila South annexation was completed. Illegal use. There appears to be gravel extraction occurring in the annexation area. The use is not permitted under the County's R1 (Residential) zoning. However, no code enforcement action has been taken by King County to date. Under the City's Low Density Residential (LDR) zoning proposed for this area, excavations are an Unclassified Use. Surrounding land uses: North: S. 188 Interstate 5 freeway interchange East: Across Orillia Road is undeveloped land owned by La Pianta and zoned TVS. South: Low density residentially zoned land within the City of SeaTac. West: Interstate 5 and the City of SeaTac. The land rises steeply to the west. Total assessed value (2012): $2,346,000. Summary of Fire District (FD) Issues The annexation area is located within Fire District 24 which is a "paper district" only (no personnel or equipment) with services provided by the City of SeaTac. As a result of a Memorandum of Agreement with Fire District 24 during the annexation of Tukwila South which comprised most of Fire District 24 area, the Tukwila Fire Department agreed to construct two fire hydrants and provide fire and emergency services to the Orillia area until annexation occurred. Consequently, there will be no additional costs associated with annexing this area, as service is already provided by the Tukwila Fire Department with mutual aid agreements with SeaTac FD. There are also no liabilities to be shared or significant assets to be transferred between the Tukwila Fire Department and Fire District 24 as a result of the Orillia Road annexation. Fire District 24 levies will continue to be collected on the annexed properties, until the bond is retired. Summary of Potential New Revenue for Tukwila (See attached Attachment C, Table A) An estimated $11,656 /year in new revenue could be generated by utility taxes, storm drainage fees stormwater utility taxes, and property taxes. Effect of Annexation of Services For Residents If Annexed To Tukwila (See Attachment C, Tables 8, C and D) INFORMATIONAL MEMO Page 3 Utility Services Sewer. No sewer service now. Tukwila would provide future service. Storm drainage. Rates would decrease for parcels with a single family residence. Rates for vacant parcels (natural, no impervious surfaces) would change from a per parcel fee to a per acre fee, and may increase depending on the size of the parcel. Rates for parcels with commercial uses will decrease. Water provider and rates will remain the same Highline Water District. Utility taxes ranging from 6 -10% will be levied on providers. Solid waste fees will decrease, and electricity rates will increase slightly. Government Services Schools, libraries, animal control and transit service providers will not change. Other services, such as permitting, fire police, road maintenance, and court services will be provided by the City of Tukwila. Taxes /Levies o Taxes will be slightly higher when annexed to Tukwila. NEXT STEPS In September, prior to the public hearing, staff will hold an informal open house for property owners and residents of the PAA on the ILA and proposed LDR zoning, and to answer any questions they may have regarding the annexation. After the open house, Tukwila City Council holds a public hearing on the ILA and proposed LDR zoning, and authorizes the Mayor to sign the ILA, and then the process is repeated by King County. Once the ILA is approved by both jurisdictions, Tukwila can move forward with preparing and adopting the annexation ordinance which will include the recommended zoning. RECOMMENDATION The Council is being asked to conduct a Public Hearing at the September 24, 2012 Council of the Whole meeting on the Interlocal Agreement and proposed Low Density Residential (LDR) zoning for the Orillia Road annexation, and authorize the Mayor to sign the Interlocal Agreement at the October 1, 2012 Regular Meeting. ATTACHMENTS Attachment Al Map of Tukwila Residential Island Annexation Area Orillia Road area) Attachment A2 Map of Potential Annexation Area Orillia Road, including Comprehensive Plan 9 designations Attachment B Interlocal Annexation Agreement with Exhibit A Legal Description Attachment C RCW 35A.14.460 Interlocal Method of Annexation Attachment D Potential Cost Revenue Details: Table A Estimate of Potential Revenue for Tukwila Table B 2012 Levies: King County Taxing Districts Table C Annexation area utility service /fees and rates. Table D Annexation area Government services. Attachment E Resolution Nos. 1561 and 1694 9 rd 5 ATTACHMENT Al potential annexation area boundary 1.1 attachment a2 tukwila residential island annexation area p ATTACHMENT B INTERLOCAL AGREEMENT BETWEEN THE CITY OF TUKWILA AND KING COUNTY REGARDING THE ANNEXATION OF THE ORILLIA AREA This Interlocal Agreement "Agreement is made and entered into this day of 2012, by and between the Citv of Tukwila "City and Kinq County "County collectively known as the Parties. WHEREAS, at the time of annexation of the Tukwila South property on January 1, 2010, the portion of the Potential Annexation Area (PAA) known as the Orillia Area was not annexed, thereby leaving an unincorporated urban island; and WHEREAS, the City has identified the Orillia Area, the legal description of which is attached hereto as Exhibit A, as a PAA in its comprehensive plan consistent with the requirements of the state Growth Management Act and the King County Countywide Planning Policies; and WHEREAS, the City is organized and operates under the Optional Municipal Code, title 35A RCW; and WHEREAS, more than sixty percent of the boundaries of the Orillia Area are contiguous to the corporate limits of the City; and WHEREAS, RCW 35A.14.460 authorizes annexation by code cities by interlocal agreement between the code city and the county in which it is located, provided certain criteria are satisfied; and WHEREAS, on October 9, 2009, the Mayor of the City of Tukwila and the King County Executive entered into a Memorandum of Agreement stating that the City shall initiate the annexation of the Orillia Area; and WHEREAS, on October 19, 2009, to initiate the process of negotiating such an interlocal agreement, in accordance with RCW 35A.14.460(1), the City approved Resolution No. 1694 directing staff to commence negotiations with the County regarding the annexation of the Orillia Area; and WHEREAS, the Parties have concluded these negotiations and are ready to enter into this Agreement; and WHEREAS, the County held a public hearing on this Agreement on and WHEREAS, the City held a public hearing on this Agreement on September 24. 2012; and WHEREAS, the governing bodies of each of the Parties hereto have determined to enter into this Agreement as authorized and provided for by the Interlocal Cooperation Act, codified at Chapter 39.34 RCW, NOW, THEREFORE, by their signatures below, the Parties hereby enter into this Agreement regarding the annexation of the Orillia Area by the City. Purpose. The primary purpose of this Agreement is to set forth the terms of the Parties' agreement to the annexation "Annexation to the City of the Orillia Area, which area is referred to herein as the "Annexation Area," pursuant to RCW Page 1 9 35A.14.460. The boundaries of the Annexation Area are set forth in Exhibit A, attached hereto and incorporated by this reference. 2. Effective date. This Agreement shall become effective following the approval of the Agreement by the official action of the governing bodies of each of the Parties, and the signing of the Agreement by the duly authorized representative of the Parties hereto. 3. Effective date for this annexation. The Parties agree the ordinance effecting this annexation shall provide consistent with the requirements of RCW 35A.14.460, an effective date for the Orillia Area annexation. 4. Term. The term of this Agreement is in perpetuity from the date first written above. 5. Indemnification. Each of the Parties shall defend, indemnify and hold the other Party, their officers, officials, employees and agents harmless from any and all costs, claims, judgment, and /or awards of damages, arising out of, or in any way resulting from that other party's negligent acts or omissions in performing under this Agreement. No Party will be required to defend, indemnify or hold the other Party harmless if the claim, suit or action for injuries, death or damages is caused by the sole negligence of that Party. Where such claims, suits or actions result from the concurrent negligence of the Parties, the indemnity provisions provided herein shall be valid and enforceable only to the extent of each party's own negligence. Each Party agrees that its obligations under this subparagraph include, but are not limited to, any claim, demand, and /or cause of action brought by, or on behalf of, any of its employees or agents. For this reason, each of the Parties, by mutual negotiation, hereby waives, with respect to the other Party only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW. 6. Compliance with laws. The Parties shall comply with all applicable rules and regulations pertaining to them in connection with the matters covered herein. However, to the extent allowed by law, the Parties agree the provisions of this Agreement shall supersede such provisions. 7. Assignment. The Parties shall not assign this Agreement or any interest, obligation or duty therein without the express written consent of the other Party. 8. Administration and Contact Persons. The following persons shall be the administrators of this Agreement and shall be the contact person for their respective jurisdiction. All notices and payments hereunder may be delivered or mailed. If mailed, they shall be sent to the following respective addresses: To the Citv: To the Countv: City of Tukwila King County 6200 Southcenter Blvd Office of Performance, Strategy Tukwila, WA 98188 and Budget Attn: Jack Pace 401 Fifth Avenue, DCD Director Seattle, WA 98104 Attn: Dwight Dively, Director Page 2 10 or to such other respective addresses as the Parties hereafter from time to time designate in writing. All notices and payments mailed by regular post (including first class) shall be deemed to have been given on the third business day following the date of mailing, if properly mailed and addressed. Notices and payments sent by certified or registered mail shall be deemed to have been given on the day next following the date of mailing, if properly mailed and addressed. For all types of mail, the postmark affixed by the United States Postal Service shall be conclusive evidence of the date of mailing. 9. Dispute Resolution. The Parties should attempt if appropriate to use an informal dispute resolution process such as mediation, through an agreed -upon mediator and process, if agreement cannot be reached regarding interpretation or implementation of any provision of this Agreement. All costs for mediation services would be divided equally between the Parties. Each jurisdiction would be responsible for the costs of their own legal representation. 10. Termination. Either party may terminate this Agreement upon ninety (90) days advance written notice to the other party. Notwithstanding termination of this Agreement, the County and City are responsible for fulfilling any outstanding obligations under this Agreement incurred prior to the effective date of the termination. 11. Miscellaneous. a. All of the terms in this Agreement shall extend to and bind the legal successors and assigns of the Parties. b. This Agreement is made and shall be construed in accordance with the laws of the State of Washington. Jurisdiction and venue for any action arising out of this Agreement shall be in King County, Washington. c. No separate legal entity is hereby created. d. Except as expressly provided herein, nothing in this Agreement shall be construed to permit anyone other than the Parties and their successors and assigns to rely upon the terms herein contained nor to give any such third party a cause of action on account of any nonperformance hereunder. e. No joint oversight and administration board is created hereby. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be held to be invalid or unenforceable by a final decision of any court having jurisdiction on the matter, the remainder of this Agreement or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby and shall continue in full force and effect, unless either party determines that such invalidity or unenforceability materially interferes with or defeats the purposes hereof, at which time the Parties shall substitute a provision that most closely approximates that which was invalidated without being invalid itself. g. This Agreement constitutes the final and completely integrated agreement between the Parties on its subject matter. Page 3 11 h. No modifications or amendments of this Agreement shall be valid or effective unless evidenced by an agreement in writing signed by all Parties. i. Copies of this Agreement shall be filed with the King County Auditor's Office by the City. j. Each party has had the opportunity to consult with counsel in connection with this Agreement. Each of the provisions of this Agreement represents the combined work product of all Parties. Therefore, no presumption or other rules of construction which would interpret the provisions of this Agreement in favor of or against the party preparing the same will apply in connection with the construction or interpretation of any of the provisions of this Agreement. k. This Agreement may be executed simultaneously in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute the same instrument. Responsibilities of the Parties. See provisions above. m. Financing. Each Party shall be responsible for the financing of its contractual obligations under its normal budgetary process. IN WITNESS WHEREOF the Parties hereto have executed this Agreement as of the day and year first above written. CITY OF TUKWILA Jim Haggerton, Mayor KING COUNTY Approved as to form: Approved as to form: City Attorney Senior Deputy Prosecuting Attorney Page 4 12 Exhibit A Legal Description TUKWILA PROPOSED ANNEXATION AREA ORILLIA ROAD AREA THAT PORTION OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTH MARGIN OF SOUTH 204TH STREET AND THE WEST MARGIN OF ORILLA ROAD; THENCE SOUTHWESTERLY TO THE INTERSECTION OF THE WEST MARGIN OF SAID ORILLA ROAD WITH THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 3; THENCE WESTERLY ALONG SAID SOUTH LINE AND ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 3 TO THE EAST LINE OF THE WEST HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 3, ALSO BEING THE EAST LINE OF CITY OF SEA TAC CITY LIMITS UNDER ORDINANCE 97 -1015; THENCE NORTHERLY ALONG SAID EAST LINE TO THE EASTERLY MARGIN OF INTERSTATE HIGHWAY NUMBER 5; THENCE NORTHEASTERLY ALONG SAID EASTERLY MARGIN OF INTERSTATE HIGHWAY NUMBER 5 TO THE WESTERLY MARGIN OF ORILLA ROAD; THENCE SOUTHERLY ALONG SAID WESTERLY MARGIN TO THE NORTH MARGIN OF SOUTH 204TH STREET AND THE POINT OF BEGINNING. 13 14 ATTACHMENT C RCW 35A.14.460 Annexation of territory within urban growth areas Interlocal agreement Public hearing Ordinance providing for annexation. (1) The legislative body of a county or code city planning under chapter 36.70A RCW and subject to the requirements of RCW 36.70A.215 may initiate an annexation process for unincorporated territory by adopting a resolution commencing negotiations for an interlocal agreement as provided in chapter 39.34 RCW between a county and any code city within the county. The territory proposed for annexation must meet the following criteria: (a) Be within the code city urban growth area designated under RCW 36.70A.110, and (b) at least sixty percent of the boundaries of the territory proposed for annexation must be contiguous to the annexing code city or one or more cities or towns. (2) If the territory proposed for annexation has been designated in an adopted county comprehensive plan as part of an urban growth area, urban service area, or potential annexation area for a specific city, or if the urban growth area territory proposed for annexation has been designated in a written agreement between a city and a county for annexation to a specific city or town, the designation or designations shall receive full consideration before a city or county may initiate the annexation process provided for in RCW 35A.14.470. (3) The agreement shall describe the boundaries of the territory to be annexed. A public hearing shall be held by each legislative body, separately or jointly, before the agreement is executed. Each legislative body holding a public hearing shall, separately or jointly, publish the agreement at least once a week for two weeks before the date of the hearing in one or more newspapers of general circulation within the territory proposed for annexation. (4) Following adoption and execution of the agreement by both legislative bodies, the city legislative body shall adopt an ordinance providing for the annexation of the territory described in the agreement. The legislative body shall cause notice of the proposed effective date of the annexation, together with a description of the property to be annexed, to be published at least once each week for two weeks subsequent to passage of the ordinance, in one or more newspapers of general circulation within the city and in one or more newspapers of general circulation within the territory to be annexed. If the annexation ordinance provides for assumption of indebtedness or adoption of a proposed zoning regulation, the notice shall include a statement of the requirements. Any territory to be annexed through an ordinance adopted under this section is annexed and becomes a part of the city upon the date fixed in the ordinance of annexation, which date may not be fewer than forty -five days after adoption of the ordinance. [2003 c 299 3.] 15 16 ATTACHMENT D Table A. Estimate of Potential Revenue for Tukwila Total Potential Revenue General Fund i otal Potential Revenue Other Funds 8/30/2012 Estimate of Potential Revenue for Tukwila II II Notes Not able to determine If Seattle City Light service, city imposes a since we don't know franchise fee, but does not collect a utility tax. usage $0.00 If Tukwila Annexed Tax or Fee currently, not served with sewer. Utility Tax: Telephone 6% Utility Tax: Gas 6% 6% Utility Tax: Electricity collected minus the 10% for stormwater utility Cable franchise fee 6% Utility Tax: Solid Waste 6% Utility Tax: Water 10% Utility Tax: Sewer 10% Utility Tax: Stormwater 10% Surface Water Utility Rates Per acre charge based on amount of developed (impervious) surface. Ranges from $93 /parcel (single family), to $111.98 $935.55 per acre (other uses) Sales Tax 9.50% Sales tax on food 10% beverages (restaurants) Business license $100(0-10) $150 (11 -20) $300 (21 -50) $400 (51 -100) $600(101+) $0.028646 per hr worked for a full time employee, or Revenue Generating $55 per FT Regulatory License fee employee (Businesses with (RGRL) less than $12k average annual gross receipts exempted) Property Tax (per $1,000 $2.95408/$1000 AV using 2012 Tukwila Tax taxable value rate) (City Levy portion of total levy) Total Potential Revenue General Fund i otal Potential Revenue Other Funds 8/30/2012 Estimate of Potential Revenue for Tukwila II II Notes Not able to determine If Seattle City Light service, city imposes a since we don't know franchise fee, but does not collect a utility tax. usage $0.00 Highline water district. Currently, water supplied by wells. $0.00 currently, not served with sewer. $473 /year represents 10% of total stormwater utility fees collected ($4725.92/yr). This amount reflects the total stormwater fees collected minus the 10% for stormwater utility tax. (based on 2012 rates) $4253 /year These fees will go into Enterprise Funds, not the General Fund. $0 not applicable there are no businesses recorded in this area $0 not applicable (no development of this type) not applicable (no commercial activity) $0 not applicable (no commercial activity) $0 based on total taxable value of $2,346,000 $6,930 $7,403 /year $4253 /year 17 Table B. 2012 Levies: King County Taxing Districts Tax rates are rounded up to the nearest .00 IlTax Rates are rounded up and based on the following: King CO Levy codes 3660, 5025 5115. Levy district 3660 is applied to only 1 parcel Levy rate for 3660 is lower: ($13.46) because it is served by Highline School District v. Kent; also no hospital levy is applied. Tukwila levy code 2443 (adjacent parcels to the east's code) 8/30/2012 Unincorporated Tukwila Notes King County Total levy /per $1,000 assessed 14.40802 15.11210 value State /County /Port Districts 4.07 4.07 Road levy 2.25 0.00 no road levy in cities served by Kent school district; 1 parcel served by School Levy 5.60 5.60 Highline school district The levy for Fire District 24 will continue to be collected. Fire Levy 1.00 1.00 Library Levy 0.57 0.57 Hospital Levy 0.50 0.50 EMS Levy 0.30 0.30 Flood Levy 0.12 0.12 Ferry Levy 0.004 0.004 City levy 0 2.95408 For a property with an assessed value of $200,000, property tax 2,882 3,022 would be approximately: IlTax Rates are rounded up and based on the following: King CO Levy codes 3660, 5025 5115. Levy district 3660 is applied to only 1 parcel Levy rate for 3660 is lower: ($13.46) because it is served by Highline School District v. Kent; also no hospital levy is applied. Tukwila levy code 2443 (adjacent parcels to the east's code) 8/30/2012 Table C. How will Annexation Affect Utility Service /Fees Monthly Cost to Residents Businesses Service Provider 2012 Fee rates (does not include utility taxes, where applicable, which may also be passed on to consumer) Unincorporated King Tukwila Unincorporated Tukwila County King County Solid Waste $16.89 $13.00 Single family (free recycling) (includes cart rental free residential garbage recycling) w/ 32 gal. cart/mo. Single family $9.95 $9.08 residential yard waste Alllied Waste Allied Waste (includes cart rental) (includes cart rental) w/ 96 gal. cart/mo. Commercial $25391 $274.91 service for 6 cubic yd container /once a week) /mo. Storm drainage Single Family $133 /parcel $102 /parcel residential /yr Commercial use $1,199.36- $665.72/ac (based on 70% King County Tukwila $1,641.53/ac 2011 rate im pervious surfaces) (SWM fee) (SWM fee) (rate class 4 &5) Vacant parcel (natural, no impervious $133 /parcel $111.98 /acre surfaces or (2011 rate) structures) /yr (Sewer (SF residential rates, Not currently served by Tukwila 0 $19.26 metro sewage a sewer district If hooked up to sewer system disposal) /mo. Water Highline Water District no change $3.43 /ccf monthly no change (SF residential rates, (PAA is in service service charge based on 3/4" meter area, but not served by size winter rates, per water at this time month) wells) jElectricity: Residential First 10 kWh per day Seattle City Light 5.10¢ /kWh 5.43¢ /kWh (SCL) SCL, but rate changes 10.25¢/ kWh 10.84¢/ kWh Additional kWh per day Base Service Charge 11.92¢ per meter 11.92¢ per kWh per meter /day Utility Service Fees /Rates ITax or Fee II Kinq Countv II Tukwila Storm Drainage 90 Utility Tax: Telephone 6% Utility Tax: Gas 6% Utility Tax: Electricity 6% Cable franchise fee 5% 6% Utility Tax: Solid Waste 6% Utility Tax: Water 10% Utility Tax: Sewer 10% Utility Tax: Stormwater 10% Sales Tax 9.50% 9.50% 8/30/2012 19 Table D. How will Annexation Affect Government Services? Service It annexed to: King County Tukwila Schools Kent Highline School Districts No change Library King County Library System No change Legislative (Council) Metropolitan King County Council Tukwila City Council Parks King County Parks Recreation Tukwila Parks Recreation Permitting Zoning King County Development City of Tukwila Dept of Community Environmental Services (DDES) Development Fire Emergency Fire District #24 City of Tukwila Fire Dept Medical Services (service provided by City of Tukwila Fire Dept) Animal Control King County no change King County (by contract) Police Services King County Sheriff City of Tukwila Police Dept Local Roads King County Dept of City of Tukwila Dept of Public Transportation Works 20 ATTACHMENT E 1 08 "u C 0 rw% ity oif wkwila Washington Resolution No. A RESOLUTION OF THE CITY COUNCIL OF 'rRE CITY OF TUKWILA, WASHINGTON, COMMITTING TO INITIATE AN ANNEXATION PROCESS FOR A CERTAIN UNINCORPORATED ISLAND OF TERRITORY AFTER 04 cif WHEREAS, the City has received a notice of intention to conimence annexation proceedings related to the territory known as the La Pianta annexation area, the boundaries of which are described in Exhibit A, which is attached hereto and incorporated as if set forth its full; and WHEREAS, the City Council intends to aLltllOriZe the circulation of an annexation petition for the La Pianta annexation area; and WHEREAS, the La Pianta annexation area lies within the 'Tukwila South Potential Annexation Area identified by the Tukwila Coinpreliensive Land Use Plan, and WHEREAS, the La Planta annexation will reduce but not eliminate King County's obligation to provide municipal services to an area that is difficult for the Courtly to serve due to its size and isolation from other Comity service areas; and WHEREAS, the King County COLUIN Planning Policies recognize cities as the I I appropriate provider of local urbari services to urban areas; and WHEREAS, King County has hAdicaled it will support the lLa Pianta annexation if the City commits to timely annex the remainder of its Tukwila South Potential Annexation Area, the boundaries of said remainder being described in Exhibit B, which is attached hereto and incorporated herein as if set forth in full; and WHEREAS, the CAV Of Tukwila is willing to annex the area described in E'xhjbit B, but would like. to delay action on this annexation until after a final resolution his been reached with respect to the La Pianta annexation area; NOW, 'THEREFORE, THE CITY COUNCIL OF THE CITY OF °rUKWILA, WASHINGTON, FIERI:BY RESOLVES AS FOLLOWSs Section 1. Within three weeks after the area described in Exhibit A becomes contiguous to the city of Tukwila, the city Council wilt adopt a resolution coniniencing negotiations pursuarAL to RCW 35A, 14.460 for an interlocal agreement between the City and Kirig County to accomplish the annexation of the areaa described in Exhibit B to the City, and directilic staff to complete said negotiations on an expectiled basis. Within six weeks of approval of said negotiate(] interlocal agreement by the City and King County, the City will adopt an ordinance providing for the annexation of the area described in Exhibit B, which ordinance shall provide for in effective date of annexation not later than sixty (60) days after adoption of the ordinance. PASSED BY THE CITY C UNCIL OF 761 THE CIT)' Of TUKWILA, WASHINGTON, at a Regular Meeting thereof this day Of ARVeJr,, 2004, ATTEST /At T1 I ENTICATFID: lan& C M CC, Cjtv Clerk Hag e -ounc President g y zo APPROVED AS TO FORM BY� Filed with the City Clerk: Passed by the Cit y Coul wil: 1 Office of the City Attorney Resolution Number Ayine,xatifm ommdme)0 10128104 21 22 LA PIANTA LLC 5811 Segale Park Drive C Tukwila, Washington 98188 P O Box 88028 Tukwila, Washington 98138 -2028 Telephone. (206) 575 -2000 Facsimile. (206) 575 -1837 ANNEXATION PETITION The undersigned property owner hereby notifies the City of Tukwila of the property owner's intent to commence annexation proceedings pursuant to RCW 35A.14 120 The proposed annexation territory is solely owned by the undersigned and a map and legal description is attached to this petition. As the undersigned is the property owner of the majority of the proposed annexation area, the 10% requirement of RCW 35A.14 120 is hereby met. The undersigned requests that the City Council set a date, no more than sixty (60) days after the filing of this request, for a meeting with the undersigned to determine whether the City Council will accept, reject or modify the proposed annexation and resolve other issues as required by state law te PROPERTY OWNER. LA PIANTA LLC, a Washington limited liability company By Metro Land Development, Inc., a Washingto corporatio its Manager By �A Mark A. Segale, ice President C\Documents and Settings \FCampbell \Local Settings \Temporary Internet Pi1es \0LK3 \ANNEXATI0N PETITION oo -o.J .l G NI 23 "EXHIBIT A" (to resolution committing to initiate an annexation process...) THAT PORTION OF UNINCORPORATED KING COUNTY LYING SOUTH OF THE CITY OF TUKWILA DESCRIBED AS FOLLOWS: "THAT PORTION OF UNINCORPORATED FLING COUNTY, WASHINGTON: BOUNDED ON THE NORTH BY THE EXISTING SOUTHERLY CITY LIMITS OF THE CITY OF TUKVVILA, IN THE IMMEDIATE VICINITY OF THE SOUTH 18S STREET INTER CHANGE; BOUNDED ON THE EAST BY THE WEST. MARGIN OF ORILLIA ROAD SOUTH; (BOUNDED ON THE SOUTH BY THE CENTERLINE OF SOUTH. 2.04 STREET, EXTENDED WESTERLY TO ITS POINT OF INTERSECTION WITH THE EXISTING EASTERLY CITY LIMITS OF THE CITY OF SEATAC; AND BOUNDED ON THE WEST BY THE EXISTING EASTERLY CITY LIMITS OF THE CITY OF SEATAC." 24 "E:CHIBIT B" (to resolution committing to initiate an annexation process...} THAT PORTION OF UNINCORPORATED KING COUNTY LYING SOUTH OF THE CITY OF TUKWILA DESCRIBED AS FOLLOWS: "THAT PORTION OF UNINCORPORATED KING COUNTY, WASHINGTON: BOUNDED ON THE NORTH BY THE EXISTING SOUTHERLY CITY LIMITS OF THE CITY OF TUKWILA RUNNING EASTERLY FROM THE VICINITY OF THE SOUTH 'I88 STREET INTERCHANGE TO THE INTERSECTION OF THE CITY LIMITS WITH THE GREEN RIVER; BOUNDED ON THE EAST BY THE GREEN RIVER; BOUNDED ON THE SOUTH BY THE NORTH MARGIN OF SOUTH 204 STREET; AND BOUNDED ON THE WEST BY THE WEST MARGIN OF ORILLIA ROAD SOUTH RUNNING NORTH TO THE INTERSECTION OF ORILLIA ROAD SOUTH WITH THE CITY LIMITS OF THE CITY OF TUKWILA IN THE VICINITY OF THE SOUTH 188 SST 1 25 26 ILA 1906 City of Tukwila Washington Resolution No. 169 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, COMMENCING NEGOTIATIONS FOR AN INTERLOCAL AGREEMENT WITH KING COUNTY FOR ANNEXATION OF THE ORILLIA AREA TO THE CITY OF TUKWILA. WHEREAS, RCW 36.70A.110(2), the Washington State Growth Management Act of 1990, as amended, requires each city within a county to propose the location of Urban Growth Areas (UGA's), and RCW 36.70A.210 states that counties are regional governments within their boundaries, and cities are primary providers of urban governmental services within UGA's; and WHEREAS, the Washington State Growth Management Act and Countywide Planning Policies call for all urban areas to be inside cities by 2012 to enable counties to focus on delivery of regional and rural services; and WHEREAS, the City of Tukwila has commenced annexation proceedings for the Tukwila South Property located within the City's Potential Annexation Area described and attached hereto as Exhibit A; and WHEREAS, the completion of the Tukwila South annexation will leave a small unincorporated area immediately to the west of the area "Orillia Area leaving Tukwila as the most logical service provider for this unincorporated island, described and attached hereto as Exhibit B; and WHEREAS, RCW 35A.14.460 allows for annexation when an unincorporated area is within the City's UGA and has at least 60% of its boundaries contiguous to a city, which describes this Orillia Area; and WHEREAS, this method of annexation calls for the negotiation of an interlocal agreement with King County addressing annexation issues to be voted upon by the governing bodies of each jurisdiction; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: City staff is directed to commence negotiations with King County for the annexation of the Orillia Area, described and attached hereto as Exhibit B. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this 1 day of r To i 0 2009. ATTEE;ST/ UTHENTICATED: 1 (4 oan Hernandez, Council Presi dent 1 Christy O'Flaherty, CMC, City`tlerk APPR ED AS TO FORM BY: Q Filed with the City Clerk: 0- 1 c l Passed by the City Council: 17 O fic Ci Attorney Resolution Number: j Attachments: Exhibit A Tukwila South Annexation Area Map Exhibit B Orillia Area Annexation Map W Word Processing \Resolutions \Orilha Area Annexation.doc Lv.ksn 10/20/2009 Page 1 of 1 27 w tukwila corporate limits with proposed tukwila south annexation map exhibit a tukwila orillia area annexation Legend Exhibit B s i City Limits Potential Annexation Area (QAA) rrr' Magmas Orillia Area Annexation Green /Duwamish River xo PAA 1- l Z. 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